Daily Split

This site is owned or managed by dailysplit.com ("Daily Split") and/or affiliates, and is part of the Daily Split family of companies.

Daily Split provides this Daily Split Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully before using this Daily Split Website. Your use of this Daily Split Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Daily Split Website. This Agreement sets forth Daily Split's policies with respect to its operation of the Daily Split Websites. Other policies govern Daily Split's non-Internet operations.

Certain products or services offered by this and/or other Daily Split Websites (each a "Daily Split Internet Service," and collectively "Daily Split Internet Services"), and certain areas within this and/or other Daily Split Websites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Daily Split Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY Daily Split WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Daily Split WEBSITE MAY BE TERMINATED IMMEDIATELY IN Daily Split'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Daily Split website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Daily Split Website content.

Changes to this Agreement

This Agreement is effective as of May 19, 2008. Daily Split reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Daily Split will provide notice of such change on this Daily Split Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Daily Split Website and/or Daily Split Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Daily Split Website and/or the Daily Split Internet Service to which the changes may apply.

Privacy and Protection of Personal Information

Daily Split has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement online.

Accounts, Security, Passwords

If a particular Daily Split Website or Daily Split Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Daily Split immediately of any unauthorized use of your account. Daily Split is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Daily Split Internet Service.

Fees

Except where otherwise provided, access to and use of this Daily Split Website and the Daily Split Internet Services offered through this site are currently available without charge. Daily Split reserves the right to charge a fee for access to or use of this Daily Split Website, or any Daily Split Internet Service available on this Daily Split Website at any time in the future. Your access to or use of this Daily Split Website before such time does not entitle you to use of this Daily Split Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Daily Split WEBSITE AND/OR Daily Split INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Daily Split WEBSITE OR Daily Split INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Daily Split MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Daily Split DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. DailySplit DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Daily Split WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Daily Split DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Daily Split WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Daily Split IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR Daily Split INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links

This Daily Split Website may contain links to websites operated by third parties. Daily Split does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Daily Split's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software Available Through CCC Website

Any software that is made available to view and/or download in connection with a Daily Split Internet Service ("Software") is owned or controlled by Daily Split and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Daily Split accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants

This Daily Split Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Daily Split. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Daily Split does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Daily Split will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Daily Split Internet Service.

Modification/Termination by Daily Split

Daily Split reserves the right, in its sole discretion, to modify, suspend, or terminate this Daily Split Website and/or any portion thereof, including any Daily Split Internet Service, and/or your account, password, or use of any Daily Split Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Daily Split Internet Service removes your authorization to use the Daily Split Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Daily Split shall not be liable to you or any third-party for any termination of your access to a Daily Split Internet Service.

Interactive Services

This Daily Split Website may offer certain Daily Split Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively "Daily Split Interactive Services"). A copy of the Interactive Service Additional Terms can be found here.

Subscription Services

This Daily Split Website may offer certain Daily Split Subscription Services such as newsletters (collectively "Daily Split Subscription Services"). By registering for a Daily Split Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Premium Services

Some Daily Split Internet Services on this Daily Split Website, including certain Daily Split Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee ("Daily Split Premium Service"). By using the Daily Split Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes

For Additional Terms applying to all contests or sweepstakes conducted by this Daily Split Website, refer to this site's contest or sweepstakes information.

Limitations on Liability

In no event shall Daily Split, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Daily Split Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Daily Split Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Daily Split Website or any information, software, products, services, and related graphics obtained through the Daily Split Website; (vi) any transactions entered into through this Daily Split Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Daily Split Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Daily Split Website and Daily Split Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Daily Split has been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend, and hold harmless Daily Split, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Daily Split Website and any related Daily Split Internet Service and/or software. Daily Split reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Daily Split in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this Daily Split Website by certain persons in certain countries may not be lawful, and Daily Split makes no representation that materials on this Daily Split Website are appropriate or available for use in locations outside Canada or the United States. If you choose to access this Daily Split Website from outside Canada or the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Daily Split Website. No software or any other materials associated with this Daily Split Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Daily Split Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

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